Sale Terms & Conditions

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This constitutes a binding legal agreement between you and Ticket SQ Ltd (“Ticket SQ”), which delineates the terms governing your utilization of the website www.ticketsq.com and the service owned and operated by Ticket SQ (collectively referred to as the "Ticket SQ Service") (the “Agreement”). By utilizing the Ticket SQ Service in any capacity, including but not restricted to visiting or browsing the website, you consent to be bound by this Agreement. To accept these conditions, click on “Agree”. If you do not concur with these conditions, do not click “Agree” and refrain from using the service.

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1. Ticket SQ Service Ticket SQ operates as an on-demand event management platform and software provider, enabling you to vend or distribute tickets to events (“Tickets”). Moreover, users have the choice to enhance these Tickets by:

(1) Incorporating digital media such as sound recordings, musical compositions contained within, related copyrightable content or metadata, song lyrics, musical notations, album cover graphics, images, descriptive text, literary compositions, dramatic pieces, broadcasts, performances, films, etc. (hereby termed as “Downloads”), and/or

(2) Offering promotions like discounts on Ticket prices, reductions on third-party products/services, or entitlements to complimentary products/services like beverages, meals, merchandise, etc. (termed as “Promotion”), as delineated in this Agreement and in accordance with the mutual understanding between you and the individual purchasing the Product (“the Buyer”). It is essential to note that Ticket SQ is not the buyer of the Product.

Tickets that are distributed without any charges are termed “Free Tickets” and they can either be coupled with a Download, a Promotion, both, or neither. All kinds of Tickets (inclusive of Free Tickets), regardless of whether they're paired with Downloads or Promotions, are collectively referred to as “the Product”. An upper limit, in terms of Megabytes, is established for Tickets that are enhanced with Downloads. The specific limit is provided on the Website.

 

2. Registration

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Browsing and viewing content on the website is possible without any registration. However, to access specific features of the Ticket SQ Service, registration with Ticket SQ might be mandatory. When registering with the Ticket SQ Service as a vendor, you'll be prompted to submit your email address and create a password. These credentials are essential for accessing certain restricted sections of the website and the Ticket SQ Entry App. These credentials are unique to you and cannot be shared or transferred.

Your email address and password serve as the primary identifiers used by us to recognize you and allow you access to your Ticket SQ Entry App. You bear full responsibility for all content and information uploaded or posted on the Ticket SQ website by anyone using your email and password credentials. This also extends to any payments due for services accessed via the Ticket SQ website by anyone using your credentials (if applicable).

The security of your email and password rests squarely on your shoulders. Should you ever suspect a breach or unauthorized use, it's imperative to change your password immediately. A facility to reset your password is available at all times.

3. Sale

Your sale of each Product that you make available through the Kabodler Service is subject to your acceptance of the terms and conditions set forth herein. You acknowledge that your sale of each Product through the Kabodler Service is subject to a binding agreement between you and the Buyer and that you are solely responsible for the Product, the content therein, any warranties to the extent such warranties have not been disclaimed and any claims the Buyer or any third party may have relating to the Product or their use of the Product. Consequently it is your responsibility to control access to the event for which you are selling Tickets (“the Event”). Kabodler is not responsible for who enters the Event or any damages caused thereby. Kabodler is not responsible for the actions or any consequences of any party attending the Event. You acknowledge that, with respect to the Products, Kabodler is solely providing the platform for you to sell Product to Buyers. You acknowledge that you will be directly entering into an agreement with any Buyer by virtue of the transactions taking place through the Kabodler Service and that Kabodler is not responsible for any failure by any Buyer to pay for any Product. Kabodler acknowledges and agree that this Agreement is non-exclusive and that you may sell your Products through any other means. You will be responsible for uploading Products and/or information relating to Products that you are selling using the Kabodler Service. Kabodler retains the right, but does not have the obligation, to immediately halt the offering or sale of any Product or prevent or restrict access to the website or the Kabodler Service or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the website, or for any other reason in the sole and absolute discretion of Kabodler, and to correct any inaccurate listing or technical problems on the website.
You may upload your Product to the website for sale using the Kabodler Service. You are responsible for ensuring that all content uploaded is accurately described by way of corresponding information.

4. Ticket Prices

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You will set your own retail price for your Products subject to a minimum of £1 per Ticket save that no minimum shall apply to Free Tickets. You can add or remove Products, change suggested retail prices, or edit Product information through your merchant account at any time. You acknowledge that inaccurate information, such as inaccurate information about the Product may adversely affect the performance of the Ticket SQ Service and customer satisfaction. Ticket SQ is not responsible for any issues relating to inaccurate information.

5. Ticket SQ’s Fees

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Before you can upload any Product live for sale on the Ticket SQ Service, you must pay Ticket SQ the applicable fees for using the Ticket SQ Service from your merchant seller account. Once these fees have been paid to Ticket SQ, all revenue from the sale of the Product will go directly into your nominated gateway account (which is provided to you by your chosen payment service provider (including without limitation PayPal, Google Checkout, WorldPay etc.) (“Payment Service Provider”). The fees for using the Ticket SQ Service are stated on www.TicketSQ.com (“Fees”).

You acknowledge that your chosen third party Payment Service Provider may apply its own transaction fees and deduct these from any sums due to you from the sale of your Product and you confirm that Ticket SQ shall have no liability therefor and that you shall be wholly responsible for the payment of any and all Payment Service Provider transaction fees.

6. VAT

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The Price of the Product is inclusive of VAT. You are responsible to account for and pay any VAT due on the sale of your Products and you acknowledge that Ticket SQ is not under any obligation to issue a VAT receipt therefor. You agree to provide a VAT receipt to Buyers who request one if you are registered for VAT.

7. Personal Information

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Because certain features of the Ticket SQ Service require that Buyers provide you with their e-mail addresses and other personal information (“Information”) you may collect certain types of Information. This Information will be held solely for you to communicate with Buyers in the case of cancellation of an Event or notification of a change of venue and/or line up. As a condition to receiving such Information, you acknowledge and agree that you will not disclose, rent, or sell any Information to any third party, and you will use the Information only to communicate with Buyers in connection with the Event for which the Buyer has purchased a Ticket unless the Buyer has ticked a box agreeing otherwise in which case you may use the Information for such stated purpose (such as your mailing list, in order to provide your Buyers with general information and news about you). You further agree that any e-mail sent to your mailing list will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning "opt-out" mechanism).

You acknowledge that in the event that Ticket SQ receives substantial complaints from your Buyers regarding spam Ticket SQ will have the right to terminate your account without notice.

For the avoidance of doubt, Ticket SQ does not hold any credit card information.

8. Data Back Up

 

(a) The data held on the Ticket SQ Service servers is held solely at your own risk. You understand that you should regularly make your own backups of the data.

(b) If for whatever reason, the data held on Ticket SQ’s servers is lost then although Ticket SQ may try to restore the most recent backup of the data, Ticket SQ is under no obligation to do so, and is in no way responsible for any losses caused by the lost data, whether financial or otherwise.

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9. Financial Summaries

 

Detailed financial summaries will be available to you through your secure log in at www.ticketsq.com in which you can analyse the revenue you receive from the sale of your Products. A sales statement will also be available through your chosen Payment Service Provider. Ticket SQ recommends that you always use your Payment Service Provider as the definitive source if there is any discrepancy.

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10. Your Obligations

 

You warrant and agree that:-

 

(a)you will not use the Ticket SQ Service for any criminal purpose or for anything offensive, obscene, defamatory, libellous, pirated, racist or anything which breaks copyright or trademark law.

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(b)you will not use the Ticket SQ Service to obtain email addresses for the purpose of sending unsolicited emails.

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(c)by uploading any Product to the Ticket SQ website you represent and warrant, and can demonstrate to Ticket SQ’s full satisfaction upon request, that:

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(i) you own or otherwise control all necessary rights to the Product) and

(ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Product,

(iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Product, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Product) as contemplated by these Terms and Conditions and

(iv) you are authorized to grant all of the aforementioned rights to the Product to Ticket SQ and all users of the Ticket SQ Service.

 

(d)the use or other exploitation of your Product through the Ticket SQ Service and its authorized sublicensees and distributors and/or by users of the website as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

 

(e)you will pay all royalties, fees and other monies owing any person or entity arising out of the use, sale, distribution or other exploitation of any Product through the Ticket SQ Service, including without limitation

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(i) any sums due to copyright owners and co-owners and royalty participants including without limitation artists, authors, co-authors and producers and

(ii) fees for any rights, consents, royalties, or any other sums payable to any third party in connection with the exploitation of any materials contained in the Products or protected by any intellectual property rights (including without limitation MCPS, PRS or any other music publishing rights holders and any unions or guilds). (f)all Products posted on, transmitted through, or linked from the Ticket SQ Service is your sole responsibility and that you will be liable for any loss or damage of any kind incurred as a result of the use of any Products uploaded, posted, emailed or otherwise made available via the Ticket SQ Service. You acknowledge that Ticket SQ does not pre-screen or approve Product, but that Ticket SQ shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Product that is available via the Ticket SQ Service, for violating this Agreement or for any other reason. (g)you will in a timely and efficient manner:-

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1. (i)provide accurate, complete and up to date information about all Product and to maintain that information up to date. Such information includes but is not limited to the accurate description of the Product, in particular for tickets the Event dates and start times, venues, locations, venue opening times, age restrictions and any other relevant restrictions; 2.(ii)bring to the attention of Buyers any additional restrictions and/or terms and conditions applicable to the Product not stated in Ticket SQ’s Buyer T&Cs; 3.(iii)provide the accurate face value price information for all Product you make available for sale through the Ticket SQ website; 4.(iv)not to make available through the Ticket SQ website and all other methods of sale more tickets than the capacity of the Event; 1.1.1.1(v)check that all persons presenting themselves at the Event with Ticket SQ’s unique booking reference numbers are named on the ticket list and to confirm their identity to your satisfaction; (vi)permit entry to all persons named on the ticket list along with the specified number of accompanying persons; (vii)honour Ticket SQ’s unique booking reference numbers and to treat them as conferring the same rights as printed tickets or any other form of booking available for the same Event. (h)you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Ticket SQ website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Ticket SQ website or any other technology. (i) you will be responsible if you use the Ticket SQ website in breach of these terms and you will reimburse us for any loss that you cause to us as a result of your misuse. (j) you will not rely on the Ticket SQ Service to determine the outcome of a transaction. The Ticket SQ Service relies on a Payment Service Provider sending a message to the Ticket SQ Service servers containing the outcome of a transaction. If this message is lost. Ticket SQ will not know the outcome of the transaction. You must use the services provided to you by your Payment Service Provider to determine the outcome of an order. In certain circumstances, the status displayed in the Ticket SQ Service may be incorrect. (k) you will always check your chosen payment gateway account to ensure that you have successfully received the correct payment amount. You must not rely on the Ticket SQ Service for this. (l) you must provide methods of communication for your customers to contact you. If your customers are forced to contact us because they are unable to contact yourselves then Ticket SQ will warn you of this. Failure to act on this warning within a reasonable amount of time will result in your merchant account with us being closed.

 

11. Ticket SQ’s Obligations

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Ticket SQ commits to offering a reliable service, subject to scheduled downtimes and other unavoidable interruptions. Specifically:

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(a) Ticket SQ will not be held accountable for any losses you might experience due to inability to access Ticket SQ’s website or from unauthorized alterations of your data or transmissions that are outside Ticket SQ's purview.

(b) Ticket SQ is not liable for any loss of profits, wasted expenses, data corruption, or any other loss, irrespective of the cause.

(c) In situations beyond Ticket SQ's reach, if the Ticket SQ Service becomes unavailable, Ticket SQ does not bear responsibility for such occurrences.

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12. Cancellation and Refunds

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Ticket SQ does not take on the role of communicating cancellations or refund information. If you decide to incorporate a booking fee to a Ticket, you must clearly inform the Buyer that this specific fee is not eligible for refunds. For any cancellations, you will be responsible for informing and refunding the Buyers:

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• If an event is canceled, you commit to using the Ticket SQ Service to communicate with the Buyers by emailing them about the cancellation. The Ticket SQ Service will provide you with the necessary email addresses of these Buyers.

• The refund for the canceled event tickets will be processed from your gateway account, using the Payment Service Provider Stripe.

13. Intellectual Property

 

(1) Ticket SQ’s IP You acknowledge that the Ticket SQ Service encompasses proprietary information and materials owned by Ticket SQ, protected by relevant intellectual property regulations, including but not limited to copyright. Your use of such proprietary information or materials is strictly confined to using the Ticket SQ Service in line with the stipulations of this Agreement. Unauthorized reproductions, in any manner or by any means, of any part of the Ticket SQ Service are strictly prohibited. You pledge not to engage in any activities that would infringe upon these rights, such as modifying, renting, leasing, loaning, selling, distributing, or creating derivative works from the Ticket SQ Service. Any unauthorized use or exploitation of the Ticket SQ Service is strictly forbidden and can result in civil and criminal penalties, potentially including monetary damages for copyright breaches. Reproduction, modification, or redistribution of any content from the Ticket SQ Service requires express written consent from Ticket SQ. You're also prohibited from attempting to uncover any source code contained in the Ticket SQ Service. Moreover, you shall not reproduce, duplicate, copy, sell, resell, or commercially exploit any portion of the Ticket SQ Service without explicit authorization.

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(2) Seller’s IP Ticket SQ does not claim any ownership over any elements of a Seller’s Product. However, every Seller who uploads a Product to the Ticket SQ Service grants Ticket SQ, as well as its authorized sublicensees and distributors, a global, non-exclusive, royalty-free right and license to:

 

(i) Use, reproduce, distribute, publicly perform, and communicate the Seller’s Product, which includes actions like storing the Product on servers controlled by or affiliated with Ticket SQ and allowing the public streaming and distribution of the Product using any technology currently available or developed in the future.

(ii) Permit users of the Ticket SQ Service to access public performances and displays of the Seller’s Product and to reproduce said Product for non-commercial purposes on their personal devices.

(iii) Use, reproduce, and publish, as well as permit the use, reproduction, and publication of the Seller's name, trademarks, likenesses, and related personal and biographical materials in relation to the Ticket SQ Service.

(iv) Obtain a transferable and sublicensable right to use, distribute, reproduce, and display the Seller’s trademarks, service marks, slogans, logos, or similar proprietary rights in connection with the Ticket SQ Service or in the marketing and promotion of the service across various platforms and advertising mediums.

14. Termination

 

Ticket SQ may terminate your access to all or any part of the Ticket SQ Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the website but Ticket SQ will not refund any Fees already paid by you if you terminate your account. You may not terminate an account whilst you have a live event or promotion which you are selling and/or promoting. Any Fees paid hereunder are non-refundable. All applicable provisions of the Terms and Conditions shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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15. Disclaimer of Warranties

 

YOU AGREE THAT USE OF THE WEBSITE AND THE TICKET SQ SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND THE TICKET SQ SERVICE ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TICKET SQ DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE TICKET SQ SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TICKET SQ DISCLAIMS ANY WARRANTIES FOR OTHER PRODUCTS SOLD THROUGH THE TICKET SQ SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TICKET SQ DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE TICKET SQ SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. Ticket SQ makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Ticket SQ website or any website linked to the Ticket SQ website. Ticket SQ will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Ticket SQ’s equipment, transmitted over networks accessed by the Ticket SQ website, or otherwise connected with your use of the Ticket SQ Service.

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16. Limitations of Liability

 

UNDER NO CIRCUMSTANCES SHALL TICKET SQ BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF TICKET SQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE TICKET SQ SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TICKET SQ SERVICE, FROM INABILITY TO USE THE TICKET SQ SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TICKET SQ SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER PRODUCTS RECEIVED THROUGH THE TICKET SQ SERVICE AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH THE TICKET SQ SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

17. Indemnity

 

You agree to indemnify and hold Ticket SQ, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Ticket SQ Service, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another. For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless Ticket SQ from any and all claims by a third party owning, controlling, or claiming any right in or to any Product (including without limitation sound recordings or musical works in your Product, including claims for performance royalties, mechanical royalties, and use or re-use fees). Ticket SQ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Ticket SQ in asserting any available defenses at your sole expense.

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18. General Information

 

This Agreement constitutes the entire agreement between you and Ticket SQ and governs your use of the Ticket SQ Service, superseding any prior agreements between you and Ticket SQ. This Agreement is governed by English Law and any disputes arising out of any transaction with Ticket SQ are subject to the exclusive jurisdiction of the English Courts. The failure of Ticket SQ to exercise or enforce any right or provision of the terms and conditions contained herein shall not constitute a waiver of such right or provision. If any provision of the terms and conditions of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.